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The Court of Appeal dismissed the appeal as moot on the vesting order, upheld the compensation award, denied leave to appeal costs, and awarded no costs.
Family law trial with divorce, parenting, support, and property division issues. The court imputed income, ordered child support, and vested Oak Street in Ms. Zhang.
The Court of Appeal dismissed Mr. Jeffries’ application to reactivate his appeal from the inactive list, citing significant delay, weak merits, and no interests-of-justice basis.
The Court of Appeal dismissed an application to vary a chambers order refusing leave to appeal in a foreclosure matter, finding no legal, factual, or principled error.
The British Columbia Supreme Court dismissed a self-represented petition seeking cancellation of registered title, a vesting order in allodium, and a “certified unregistered title.”
Section 22(3)(b) of the OBCA does not constitute a juristic reason defeating an unjust enrichment claim between shareholders in a family-law context; where one party alone invested money, time and effort and the other was enriched without contribution, equity permits reordering of shareholder rights and granting of a proprietary remedy (vesting shares) rather than mere monetary compensation; appellate court will not disturb trial judge's findings absent error.
Source excerpt
No exceptional circumstances existed to permit overturning the uncontested trial outcome; the trial judge did not err in principle in granting a vesting order to secure past and ongoing child support and s.7 expenses given the appellant’s non‑participation and lack of disclosure, the appellant had notice of the vesting request, and absence of a current valuation did not produce an injustice; the appeal is dismissed and the trial orders affirmed.
Source excerpt
The court held that a right of survivorship cannot subsist in respect of a tenancy in common; the 2020 transfer validly severed the joint tenancy and converted the interest into a tenancy in common held on resulting trust for Mr. Jackson, and the formal judgments were varied to remove the erroneous survivorship language and to vest 100% of the beneficial ownership in Mr. Jackson, including granting a vesting order to be registered to correct title.
Source excerpt
The court held that a post-vesting redemption could not stand, found the vesting order inoperative after the mortgage discharge and changed title, and set it aside.
The court declined to order removal of a hotel encroachment, preferred a vesting order, awarded $60,000 compensation and $2,500 trespass damages, and dismissed punitive damages.
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